2010-31162. Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers by (TA-W) number issued during the period of November 29, 2010 through December 3, 2010.

In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met.

I. Under Section 222(a)(2)(A), the following must be satisfied:

(1) A significant number or proportion of the workers in such workers' firm have become totally or partially separated, or are threatened to become totally or partially separated;

(2) The sales or production, or both, of such firm have decreased absolutely; and

(3) One of the following must be satisfied:

(A) Imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased;

(B) Imports of articles like or directly competitive with articles into which one or more component parts produced by such firm are directly incorporated, have increased;

(C) Imports of articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm have increased;

(D) Imports of articles like or directly competitive with articles which are produced directly using services supplied by such firm, have increased; and

(4) The increase in imports contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm; or

II. Section 222(a)(2)(B) all of the following must be satisfied:

(1) A significant number or proportion of the workers in such workers' firm have become totally or partially separated, or are threatened to become totally or partially separated;

(2) One of the following must be satisfied:

(A) There has been a shift by the workers' firm to a foreign country in the production of articles or supply of services like or directly competitive with those produced/supplied by the workers' firm;

(B) There has been an acquisition from a foreign country by the workers' firm of articles/services that are like or directly competitive with those produced/supplied by the workers' firm; and

(3) The shift/acquisition contributed importantly to the workers' separation or threat of separation.

In order for an affirmative determination to be made for adversely affected workers in public agencies and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met.

(1) A significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated;

(2) The public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and

(3) The acquisition of services contributed importantly to such workers' separation or threat of separation.

In order for an affirmative determination to be made for adversely affected secondary workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(c) of the Act must be met.

(1) A significant number or proportion of the workers in the workers' firm have become totally or partially separated, or are threatened to become totally or partially separated;

(2) The workers' firm is a Supplier or Downstream Producer to a firm that employed a group of workers who received a certification of eligibility under Section 222(a) of the Act, and such supply or production is related to the article or service that was the basis for such certification; and

(3) Either—

(A) The workers' firm is a supplier and the component parts it supplied to the firm described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers' firm; or

(B) A loss of business by the workers' firm with the firm described in paragraph (2) contributed importantly to the workers' separation or threat of separation.

In order for an affirmative determination to be made for adversely affected workers in firms identified by the International Trade Commission and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(f) of the Act must be met.

(1) The workers' firm is publicly identified by name by the International Trade Commission as a member of a domestic industry in an investigation resulting in—

(A) An affirmative determination of serious injury or threat thereof under section 202(b)(1);

(B) An affirmative determination of market disruption or threat thereof under section 421(b)(1); or

(C) An affirmative final determination of material injury or threat thereof under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));

(2) The petition is filed during the 1-year period beginning on the date on which—

(A) A summary of the report submitted to the President by the International Trade Commission under section 202(f)(1) with respect to the affirmative determination described in paragraph (1)(A) is published in the Federal Register under section 202(f)(3); or

(B) Notice of an affirmative determination described in subparagraph (1) is published in the Federal Register; and

(3) The workers have become totally or partially separated from the workers' firm within—

(A) The 1-year period described in paragraph (2); or

(B) Notwithstanding section 223(b)(1), the 1-year period preceding the 1-year period described in paragraph (2).

Affirmative Determinations for Worker Adjustment Assistance

The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination.

The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met.

TA-W No.	Subject firm	Location	Impact date
73,888	Beverage-Air Corporation, Ali N.A. Corp., Leased Workers from Manpower, Aerotek, Ajilon and Vernon Group	Brookville, PA	April 6, 2009.
74,274	Vail-Ballou Press, Inc., Maple Press	Binghamton, NY	June 21, 2009.
74,576	Electronic Cable Specialists, Inc., Tensolite, LLC	Franklin, WI	August 27, 2009.
74,598	Z-Pro International, Inc., Leased Workers from Resource Staffing Services	Portland, OR	September 3, 2009.
74,674	A.R. Knitwear Company, Inc.	North Bergen, NJ	September 20, 2009.
74,735	Texas Hydraulics, Inc., Dover Corporation	Athens, TN	October 7, 2009.
74,860	HMP Industries, Inc., Leased Workers from Staffworks, Inc	Ansonia, CT	November 9, 2009.

The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production or services) of the Trade Act have been met.

TA-W No.	Subject firm	Location	Impact date
74,519	Freeport-McMoran Copper & Gold, Information Technology Department	Phoenix, AZ	July 17, 2009.
74,629	West Dermatology Medical Management, Dermatology Management, LLC, Leased Workers T&T Staffing and Ampien Staffing	Redlands, CA	August 30, 2009.
74,763	Sungard Business Systems, LLC, Global Plus Division	Malvern, PA	October 15, 2009.
74,788	JPMorgan Chase & Co., Treasury and Securities Services, Worldwire Security, etc	Dallas, TX	October 21, 2009.
74,802	ET Publishing International, Inc., Subscription Department	Miami, FL	October 18, 2009.
74,808	Ossur Americas, Inc., Leased Workers from Express Employment Professionals	Allentown, PA	October 29, 2009.
74,808A	Ossur Americas, Inc., Leased Workers from Express Employment Professionals	Paulsboro, NJ	October 29, 2009.
74,833	Franklin Electric Company, Inc., Leased Workers from Peoplelink Staffing Solutions	Oklahoma City, OK	November 3, 2009.
74,836	Journal Community Publishing Group, Graphic Ad Design Department	Waupaca, WI	October 30, 2009.
74,859	The Mega Life & Health Ins. Co., Healthmarkets, Leased Workers Computer Solutions and Software, etc	North Richland Hills, TX	November 1, 2009.
74,879	Xella Aircrete North America, Inc., Xella International, Leased Workers from Ambassador Staffing	Adel, GA	November 15, 2009.
74,880	Lafarge North America, Inc., a Subsidiary of Lafarge	Seattle, WA	November 10, 2009.
74,888	Thomson Reuters, Hubbard One Division	Chicago, IL	November 16, 2009.

The following certifications have been issued. The requirements of Section 222(c) (downstream producer for a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met.

TA-W No.	Subject firm	Location	Impact date
74,119	Design Metal Plating, Inc	Emporium, PA	May 11, 2009.

Negative Determinations for Worker Adjustment Assistance

In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified.

The investigation revealed that the criterion under paragraph (a)(1), or (b)(1), or (c)(1)(employment decline or threat of separation) of section 222 has not been met.

TA-W No.	Subject firm	Location	Impact date
74,599	Glaston America, Inc., Glaston Services Ltd., 2615 River Road	Cinnaminson, NJ
74,602	UPS Worldwide Forwarding, Inc., Information Services-TTG Division	Louisville, KY

The investigation revealed that the criteria under paragraphs(a)(2)(A) (increased imports) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met.

TA-W No.	Subject firm	Location	Impact date
74,804	Metropolitan Urological Specialist, P.C	Florissant, MO
74,804A	Metropolitan Urological Specialist, P.C	Chesterfield, MO
74,864	ShipCarsNow, Inc., Union Pacific Corporation	Auburn Hills, MI

Determinations Terminating Investigations of Petitions for Worker Adjustment Assistance

After notice of the petitions was published in the Federal Register and on the Department's Web site, as required by Section 221 of the Act (19 U.S.C. 2271), the Department initiated investigations of these petitions.

The following determinations terminating investigations were issued because the petitioner has requested that the petition be withdrawn.

TA-W No.	Subject firm	Location	Impact date
74,777	Fraser Timber Limited	Ashland, ME
74,837	Journal Register Company, Morning Star Division	Mount Pleasant, MI

The following determinations terminating investigations were issued because the petitioning groups of workers are covered by active certifications. Consequently, further investigation in these cases would serve no purpose since the petitioning group of workers cannot be covered by more than one certification at a time.

TA-W No.	Subject firm	Location	Impact date
74,718	SecurAmerica, Workers On-Site at Dell Products LP	Winston-Salem, NC
74,930	Hotels.com, An Expedia, Inc. Company	Arlington, TX

I hereby certify that the aforementioned determinations were issued during the period of November 29, 2010 through December 3, 2010. Copies of these determinations may be requested under the Freedom of Information Act. Requests may be submitted by fax, courier services, or mail to FOIA Disclosure Officer, Office of Trade Adjustment Assistance (ETA), U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 or [e-mail]. These determinations also are available on the Department's Web site at http://www.doleta.gov/​tradeact under the searchable listing of determinations.

Dated: December 7, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.